Post by account_disabled on Feb 26, 2024 19:35:06 GMT -8
“Rubiales has proven not to be worthy to preside over the RFEF”
The recent celebration of the victory of the women's soccer team in the World Cup left an image that generated controversy and debate around issues related to sexual freedom and consent. The kiss by Luis Rubiales, president of the Royal Spanish Football Federation, to Jenni Hermoso , a national team player, in the context of the medal ceremony for the champions, has raised questions about whether this act could constitute a crime of sexual assault according to the current legal framework.
After the entry into force of Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom , the content of which lost regulatory impact with Organic Law 4/2023, of April 27 , for the modification of the Law Organic Law 10/1995, of November 23, of the Penal Code, in Argentina Mobile Number List crimes against sexual freedom, the Criminal Procedure Law and Organic Law 5/2000, of January 12, regulating the criminal responsibility of minors, the Luis Rubiales' conduct would constitute , in principle, a crime of sexual assault within the meaning of article 178.1 of the Penal Code , which provides the following: "He will be punished with a prison sentence of one to four years, as responsible for sexual assault, the who carries out any act that violates the sexual freedom of another person without their consent. It will only be understood that there is consent when it has been freely expressed through acts that, taking into account the circumstances of the case, clearly express the will of the person. In any case, the usual judicial practice must be taken into consideration before the disappearance of the crime of sexual abuse due to its absorption into the framework of sexual assault .
In this context, it is relevant to analyze the Judgment of the Superior Court of Justice of Andalusia (Civil and Criminal Chamber, Section 1) 65/2020, of March 5 , which includes important foundations in relation to crimes against sexual freedom. This ruling highlights that these crimes are considered intentional crimes , which implies that the perpetrator must be fully aware that his conduct threatens the freedom or sexual indemnity of the victim. Specifically, it is stated that to prove fraud, it is enough for the perpetrator to be aware that his behavior, by its very nature, negatively affects the sexual freedom of the victim . In this sense, it is not necessary to demonstrate a special "lascivious or libidinous mood" in the author for the crime to be considered committed , but it is enough for an attack on sexual freedom to occur.
The recent celebration of the victory of the women's soccer team in the World Cup left an image that generated controversy and debate around issues related to sexual freedom and consent. The kiss by Luis Rubiales, president of the Royal Spanish Football Federation, to Jenni Hermoso , a national team player, in the context of the medal ceremony for the champions, has raised questions about whether this act could constitute a crime of sexual assault according to the current legal framework.
After the entry into force of Organic Law 10/2022, of September 6, on the comprehensive guarantee of sexual freedom , the content of which lost regulatory impact with Organic Law 4/2023, of April 27 , for the modification of the Law Organic Law 10/1995, of November 23, of the Penal Code, in Argentina Mobile Number List crimes against sexual freedom, the Criminal Procedure Law and Organic Law 5/2000, of January 12, regulating the criminal responsibility of minors, the Luis Rubiales' conduct would constitute , in principle, a crime of sexual assault within the meaning of article 178.1 of the Penal Code , which provides the following: "He will be punished with a prison sentence of one to four years, as responsible for sexual assault, the who carries out any act that violates the sexual freedom of another person without their consent. It will only be understood that there is consent when it has been freely expressed through acts that, taking into account the circumstances of the case, clearly express the will of the person. In any case, the usual judicial practice must be taken into consideration before the disappearance of the crime of sexual abuse due to its absorption into the framework of sexual assault .
In this context, it is relevant to analyze the Judgment of the Superior Court of Justice of Andalusia (Civil and Criminal Chamber, Section 1) 65/2020, of March 5 , which includes important foundations in relation to crimes against sexual freedom. This ruling highlights that these crimes are considered intentional crimes , which implies that the perpetrator must be fully aware that his conduct threatens the freedom or sexual indemnity of the victim. Specifically, it is stated that to prove fraud, it is enough for the perpetrator to be aware that his behavior, by its very nature, negatively affects the sexual freedom of the victim . In this sense, it is not necessary to demonstrate a special "lascivious or libidinous mood" in the author for the crime to be considered committed , but it is enough for an attack on sexual freedom to occur.